§ 92.03  SUMMARY PROCEDURE FOR ABATING PUBLIC NUISANCE.
   (A)   Upon determination by the Chief of Police that a junked vehicle located on private property constitutes a public nuisance, the Chief of Police or his or her designee, which must be a regularly salaried, full-time employee of the town, shall give written notice that the public nuisance must be removed and abated within ten days of the notice or a request for a public hearing before the City Council must be made within the ten-day period.  The written notice shall be mailed by certified mail with a five-day return requested to the last known registered owner of the junked vehicle, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists.  If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days after the date of return.
   (B)   Upon the determination by the Chief of Police that a junked vehicle located on public property constitutes a public nuisance, the Chief of Police or his or her designee, which must be a regularly salaried full-time employee of the town, shall give written notice that the nuisance must be removed and abated within ten days or a request for a public hearing before the City Council must be made before the expiration of the ten-day period.  The notice shall be mailed by certified mail with a five-day return requested to the last known registered owner of the junked vehicle, any lienholder of record, and the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists.  If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.
   (C)   The notices given pursuant to divisions (A) and (B) above shall also designate a time and place at which a public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance.  The hearing shall be held before the Chief of Police of the town; provided, however, if a hearing is requested by the owner or occupant of the public or private premises or owner or occupant of the premises adjacent to the public right-of-way upon which the vehicle is located within ten days after service of the notice to abate the nuisance, the hearing shall be held before the City Council.  A resolution or order requiring removal of the vehicle or the vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.
(Ord. 119, passed 12-1-1988)